Title 41 Citizenship, Alienage and Immigration; Immigration Laws of American Samoa

Title 41 Citizenship, Alienage and Immigration; Immigration Laws of American Samoa [], 1 January 1984, available at: http://www.refworld.org/docid/3ae6b57f0.html [accessed 3 August 2015]

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Amendments: 1984 repeals existing Title 41 and new Title 41 created.

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This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Personal Rights, Duties, and Remedies

TITLE 41 Citizenship, Alienage and Immigration

Chapter 01 CITIZENSHIP (RESERVED)

Chapter 02 GENERAL PROVISIONS

41.0201 Purpose-Interpretation

(a) The United States Congress has, when considering Organic Acts for American Samoa on several occasions, recognized the rights of the people of American Samoa to determine their political future and in recognition of the present policy of the United States government to develop American Samoa for American Samoans, and in furtherance of the provisions of the Constitution of American Samoa. Article I Section 3. authorizing enactment of such legislation as may be necessary to protect the lands, customs, culture, and traditional American Samoan family organizations of persons of American Samoa ancestry, and to encourage business enterprises by American Samoans, the Legislature finds there are limited land resources, water, sewage facilities, and educational and economic opportunities in American Samoa. Therefore, with the increasing mobility of today's population, the only way to preserve the American Samoan culture and way of life and allow the people of American Samoa to determine their political and economic future is to restrict the entry of non-American Samoa into American Samoa. With this in mind, the Legislature has enacted this title and it must be so construed for the protection of the people of American Samoa, their lands and their economic and political future.

(b) This title is to be interpreted and construed so as to effect its general purpose to limit entry into American Samoa to persons of American Samoa ancestry, their spouses, and their children.

41.0202 Definitions.

(1) As used in this title unless the context requires otherwise:

(a) "Alien" means all persons who are not nationals or citizens of the United States of America.

(b) "Attorney General" means the attorney general of American Samoa or his designated representative.

(c) "American Samoan" means a person born:

(i) of American Samoan ancestry in American Samoa or in the United States: or

(ii) outside of American Samoa, but one of whose parents was born in American Samoa of Samoan ancestry and who has registered with the board within 3 years of his eighteenth birthday, or the enactment of this section, whichever is later.

(d) "American Samoan ancestry" means lineal descendants of the inhabitants of Tutuila and Swains Islands whose permanent place of residence was American Samoa on 17 April 1900, and the inhabitants of Manu'a Islands whose permanent place of residence was American Samoa on 16 July 1904.

(e) "Board" means the immigration board of American Samoa.

(f) "Children" means the legitimate or legitimated child, or stepchildren, of children adopted while under the age of 13 years or in relation to their mother illegitimate children provided the children are residing with their parents or stepparents.

(g) "Crewman" means a person serving in any capacity on board a vessel or aircraft.

(h) "Immigration officer" means an employee of the immigration division of the government.

(i) "National of the United Stares" means either a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

(k) "Parent" or "Stepparent" means a parent or stepparent only where the relationship exists by reason of any of the circumstances in CO above.

(l) "Permanent resident" is a person who meets the eligibility criteria in chapter 04 of this title.

(m) "Spouse" does not include a spouse by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

(n) "Permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of American Samoa or of the individual in accordance with law.

(o) "Person" means an individual, and includes a firm, partnership, joint venture or corporation where the context so requires.

(p) "Police officer" means a police officer of the government.

(q) "Residence" means a person's principal, actual place of abode, in fact, without regard to intent.

(r) "Tourist" means a person visiting American Samoa for the purposes of sightseeing, who intends to remain in American Samoa less than 30 days and who has a residence in the United States or a foreign country which he has no intention of abandoning, and who is visiting American Samoa temporarily for business or pleasure.

(2) For the purposes of this title, no person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was:

(a) a habitual drunk:

(b) a member of one or more of the classes of persons, whether excludable or not, described in 41.0615(9), (10), (11), (12), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period:

(c) one whose income is derived principally from illegal gambling activities:

(d) one who has been convicted of 2 or more gambling offenses committed during such period:

(e) one who has given false testimony for the purpose of obtaining any benefits under this title:

(f) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of 180 days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period:

(g) one who at any time has been convicted of the crime of murder or rape. The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.

(3) For the purposes of this title any person ordered deported (whether before or after the enactment of this title) who has left American Samoa, shall be considered to have been deported pursuant to law, irrespective of the source from which the expenses of his transportation was defrayed or of the place to which he was deported.

41.0203 Immigration board-Creation-Members.

There is created the immigration board of American Samoa, consisting of 5 at-large members, who are nationals of the United States of American Samoan ancestry, appointed by the Governor with the consent and approval of the Legislature. The 5 at-large members shall serve for 5 year terms, but for no more than 2 consecutive terms: except the original appointees shall be appointed for terms of 1.2.3.4. or 5 years. Members shall serve on the board until a successor is approved. The board members shall elect their own chairman annually.

41.0204 Meetings-Quorum-Vote.

The board shall meet at times and places determined necessary by the chairman for conducting business of the board. The presence of at least 3 members shall be necessary to constitute a quorum and a vote of the majority will be requited to decide any issue. All members of the board including the chairman shall be entitled to one vote.

41.0205 Powers and duties.

The board may:

(1) hold hearings concerning the status or exclusion of any person other than American Samoans, their spouses and their children, seeking permission to enter or remain in American Samoa: and shall review appeals of decisions of the attorney general and the immigration division:

(2) deport any alien after the alien has been accorded an opportunity for a public hearing:

(3) hold any other hearing as necessary for the enforcement of this title:

(4) investigate any matter pertaining to enforcement of this title, through a representative authorized by the board:

(6) examine the books, records and accounts of all employers in American Samoa concerning employment of aliens:

(7) make rules and regulations necessary for the enforcement of this title: such regulations shall include requirements as to deportability that:

(a) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held:

(b) the alien shall have the privilege of being represented, at no expense to the government, by such attorney, who is authorized to practice before the High Court of American Samoa, as he shall choose:

(e) the alien shall have a reasonable opportunity to examine the evidence against him, to represent evidence in his own behalf, and to cross-examine witnesses presented by the government: and

(d) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence: such decisions shall be in writing:

(8) make rules and regulations concerning the approval or disapproval of aliens to attend school or college, to secure a business license, or to be employed in the Territory:

(9) make available for public inspection all rules and written statements of policy, or interpretations formulated, adopted or used by the board in discharge of its functions:

(10) make available for public inspection all final orders, decisions and opinions:

(11) delegate any of its administrative duties to the attorney general or immigration officers of American Samoa:

(12) require the registration of all aliens residing in American Samoa, and may photograph and fingerprint those aliens in order to issue identification cards on forms prescribed and prepared by the board.

41.0206 Powers and duties of the attorney general.

The attorney general shall be charged with the administration and enforcement of this title and all other laws relating to the enhance, immigration, registration, and status of aliens, except insofar as this title or such laws relate to the powers, functions, and duties conferred upon the board. Provided, however, that determination and ruling by the attorney general with respect to all questions of law shall be controlling. He shall have control, direction, and supervision of all employees and of all the files and records of the immigration division and the board. He shall establish such regulations, prescribe such forms of bond, reports, entries and other papers: issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions of this title including prosecuting cases before the board. He may delegate such duties as he deems necessary to perform or exercise any of the powers, privileges or duties conferred or imposed by this title or regulations issued thereunder upon any other employee of the attorney general's office and of the immigration division. He shall have the power and duty to control and guard the boundaries and borders of American Samoa against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the immigration division as to him shall appear necessary and proper in accordance with law.

41.0207 Burden of proof.

(a) Whenever any person makes application for any document required for entry or residence status or otherwise attempts to enter American Samoa, the burden of proof shall be upon that person to establish his eligibility to receive the document and that he is not subject to exclusion. If he fails to establish this to the satisfaction of the immigration officer at the port of entry, he may not be eligible to enter American Samoa.

(b) In deportation proceedings against any person, the burden of proof shall be upon that person to show the time, place and manner of entry into American Samoa, but in presenting that proof he shall be entitled to the production of any entry document or other documents and records, not considered to be confidential, pertaining to his entry and in the custody of the attorney general.

(c) If the burden of proof is not sustained, the person is presumed to be in American Samoa in violation of the law.

41.0208 Review of detention proceedings.

(a) The trial division of the High Court of American Samoa may review in a habeas corpus proceeding any determination of the attorney general concerning detention, release on bond, or parole, pending decision of the deportability.

(b) If the High Court finds that the attorney general is not proceeding with such reasonable dispatch as may be indicated by particular facts and circumstances to determine deportability, the court may order the individual's release on such terms and conditions as the court deems necessary.

41.0209 Petition for review.

A petition for review may be filed with the appellate division of the High Court not later than 15 days from the date of the final decision of the board: the action shall be brought against the board as respondent.

41.0210 Scope of review - Evidence.

(a) The court may not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. In reviewing the board's interpretation of the evidence, its factual inferences, and its conclusions of law, the court shall give substantial weight to the board's experience, technical competence and specialized knowledge of immigration problems in American Samoa.

(b) The review shall be confined to the record: however, the court in its sound discretion may receive evidence to supplement the record.

41.0211 Stay of deportation.

The filing of a petition under 41.0209 shall not stay the deportation of any person pending determination of the court unless the court otherwise directs.

41.0212 Decisions by court.

The court may reverse or modify the decision of the board, or may remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the board is:

(1) in violation of applicable constitutional or statutory provisions:

(2) in excess of statutory authority of the agency:

(3) made upon unlawful procedure:

(4) affected by other error of law:

(5) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record:

(6) arbitrary, capricious or characterized by abuse of discretion.

Chapter 03 IMMIGRATION-REGISTRATION

41.0302 Prohibition against discrimination in immigration.

No person shall receive any preferences of priority or be discriminated against in the issuance of a registration receipt card because of his race, sex, nationality, place of birth or place of residence, except as specifically provided for in this chapter.

41.0303 Allocation of registration receipt cards.

(a) Categories of preference priorities. Aliens who are subject to the numerical limitations specified in 41.0301 shall be alloted registration cards as follows:

(1) in a number not to exceed 20 percent of the number specified in 41.0301 to qualified aliens who are unmarried sons or daughters of American Samoan or United States citizens:

(2) next in a number not to exceed 20 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes not specified in paragraph (1), who are the spouses, unmarried sons, or unmarried daughters of a person lawfully admitted to American Samoa as a permanent resident:

(3) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) and (2) to qualified brothers and sisters of American Samoans, provided such American Samoans are at least 21 years old:

(4) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) through (3), to qualified aliens who are members of the professions or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the economy, cultural interests, or welfare of American Samoa and whose services in the professions, sciences, or arts are sought by an employer in American Samoa: and "professions" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries.

(5) next in a number not to exceed 24 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraph (1) through (4), to qualified persons who are capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in American Samoa:

(6) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) through (5), to qualified persons who are the married sons or married daughters of American Samoans:

(7) any additional registration receipt cards shall be made available by the attorney general, pursuant to any regulations as he may prescribe and in a number not to exceed 6 percent of the number specified in 41.0301: and

(8) registration receipt cards authorized in any fiscal year less those required for issuance to the classes specified inn paragraphs (1) through (6), and less the number made available pursuant to paragraph (7), shall be made available to other qualified persons strictly in the order in which they qualify. Waiting lists of applicants shall be maintained in accordance with regulations prescribed by the attorney general.

(9) A spouse or child as defined in this section shall, if not otherwise entitled to a registration receipt card under paragraphs (1) through (8), be entitled to the same status, and the same order of consideration provided in subsection (b), if accompanying, or following to join, his spouse or parent.

(b) Order of consideration given applicants. In considering applications for registration receipt cards under subsection (a), consideration shall be given to applicants in the order in which the classes of which they are members are listed in subsection (a).

(e) Order of issuance cards. Registration receipt cards issued pursuant to paragraphs (1) through (6) of subsection (a) shall be issued to eligible persons in the order in which an application for registration in behalf of each such person is filed with the attorney general as provided in this chapter.

(d) Presumption of nonpreference status. Every application for a registration receipt card shall be presumed to be a nonpreference applicant until he establishes to the satisfaction of the immigration officer that he is entitled to a preference status under paragraphs (1) through (7) of subsection (a) or that he is an immediate relative of an American Samoan as specified in 41.0301 (b).

41.0304 Duty to register.

(a) It shall be the duty of every alien now or hereafter in American Samoa who is 14 years of age or older, has not been registered and photographed under this chapter, and remains in American Samoa for 30 days or longer, to apply for registration and photographing before the expiration of such 30 days.

(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in American Samoa, who is less than 14 years of age, has not been registered under this chapter, and remains in American Samoa for 30 days or longer, to apply for the registration of such alien before the expiration of such 30 days.

(c) Whenever any alien attains his fourteenth birthday in American Samoa he shall, within 30 days thereafter, apply in person for registration and photographing.

41.0305 Submission of information under oath-Authority.

(a) Every person required to register or to apply for the registration of himself or another under this chapter shall submit under oath the information required for such registration.

(b) Any person authorized under regulations issued by the attorney general to register persons under this chapter shall be authorized to administer oaths for such purposes.

41.0306 Registration forms.

(a) The attorney general is authorized and directed to prepare forms for the registration and photographing of aliens. Such forms shall contain inquiries with respect to:

(1) the date and place of entry of the person in American Samoa:

(2) activities in which he bas been and intends to be engaged:

(3) the length of time he expects to remain in American Samoa:

(4) the police and criminal record, if any, of such alien: and

(5) such additional matters as may be prescribed.

(b) The attorney general may authorize immigration officers to record the following information regarding every person leaving or entering American Samoa: Names, age, sex: whether married or single: calling or occupation: whether able to read or write: nationality: country of birth: country of which citizen or subject: race: last permanent residence in American Samoa: intended future, permanent residence: and, if a United States citizen or national, the facts on which claim to that status is based.

41.0307 Records confidential.

All registration and photograph records made under the provisions of this chapter shall be confidential, and shall be made available only to such persons or agencies as may be designated by the attorney general.

41.0308 Notice of address or change of address.

(a) Every alien required to be registered under this chapter who is within American Samoa on the first day of January of each year, shall within 30 days following such date, notify the attorney general in writing of his current address and furnish such additional information as may by regulation be required by the attorney general.

(b) Any such alien shall likewise notify the attorney general in writing of each change of address and new address within 10 days from the date of such change.

(c) Any such alien who is temporarily absent from American Samoa on the first day of January of any year, shall furnish his current address and other information as required by this section within 10 days after his return.

(d) Any such alien in American Samoa in a lawful temporary residence status shall in like manner also notify the attorney general in writing of his address at the expiration of each 3 month period during which he remains in American Samoa regardless of whether there has been any change of address.

(e) In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given by such parent or legal guardian.

41.0313 False statements and fraud-Penalty.

(a) Any person, and any patent or legal guardian of any person, who files an application for registration containing a statement known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a class A misdmeanor.

(b) Any alien convicted under this section shall, upon the issuance of a warrant, be taken into custody and deported in the manner provided by law.

41.0314 Counterfeiting-Penalty.

Any person who knowingly photographs, prints or in any other manner makes or executes any engraving, photograph, print or impression in the likeliness of any certificate of alien registration receipt card, or any colorable imitation thereof, except when and as authorized under such rules as may be prescribed by the attorney general, shall be guilty of a class D felony.

Chapter 04 IMMIGRATION-STATUS

41.0401 Exclusion of persons not nationals of the United States.

(a) The immigration board is authorized to exclude any person who does not qualify as a national of the United States, or as a spouse or child of an American Samoan, unless the person establishes to the satisfaction of the board that:

(1) he is of good moral character:

(2) he offers a skill or expertise not readily available in the American Samoan community and the skill or expertise is needed in American Samoa:

(3) an alien has a local sponsor as required by this title and the rules of the board:

(4) he will not become a financial burden on any Samoan family or the government: and

(5) he is not excludable not deportable under chapter 06 of this title.

(b) Notwithstanding subsection (a), the board is authorized to allow cultural and family interchanges between persons in American Samoa and Western Samoa, on such terms and conditions as the board shall determine necessary, and within the numerical limitations of chapter 03.

41.0402 American Samoans entitled to permanent residence.

(a) All American Samoans are entitled to permanent residence in American Samoa.

(b) Any person, who established American Samoa as his permanent residence on or before 1 January, 1950, and his spouse and children, are entitled to permanent residence in American Samoa, provided they have continuously resided in American Samoa since said date.

41.0403 Persons entitled to apply for permanent resident status.

(a) The following persons shall be entitled to apply for permanent resident status:

(1) any person who is physically and legally present in American Samoa for a continuous period of at least 20 years, of good moral character, and a person for whom deportation would be a hardship: "continuous period" means uninterrupted residence in American Samoa except for periods not to exceed 3 consecutive months:

(2) any person who at the time of being legally adopted by an American Samoa was 21 years of age or younger: except that any person legally adopted by an American Samoan prior to 31 December 1980, shall be entitled to apply.

(b) The number of persons who may be granted the status of permanent resident in any fiscal year, pursuant to this chapter shall not exceed 10.

(c) No alien who has failed to register pursuant to this title is entitled to apply for permanent resident status.

41.0404 Application for permanent residence.

(a) Each person other than American Samoans desiring permanent residence status must file an application with the board on forms prescribed by the board.

(b) The board shall review all applications for permanent residence in order of date of application filed pursuant to this section and shall hold such hearings as necessary for determination of any issue before the board.

(c) Upon being satisfied that the applicant is entitled to permanent residence status, and such action is not contrary to the purpose of this title, the board shall issue a certification that the applicant is a permanent resident of American Samoa.

41.0405 Loss of permanent resident status.

Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without approval of the immigration board.

Any non-American Samoan permanent resident can lose the status of "permanent resident" by action of the board because that person is:

(1) a convicted felon:

(2) a person who has been convicted of 2 or more crimes regardless of whether the conviction was in a single trial or whether the offense has arisen from a single scheme or misconduct and regardless of whether the offense involves moral turpitude:

(3) a person who has been convicted of a crime involving moral turpitude or admits committing acts which constitute the essential elements of such a crime: except a person who has committed one such crime while under the age of 18 years, unless the crime resulted in confinement in a prison or correctional institution:

(4) a person who is a polygamist, practices polygamy or advocates the practice of polygamy : and

(5) a person who:

(A) is a prostitute:

(B) has engaged in prostitution:

(C) directly or indirectly procures, attempts to procure, or has attempted to procure or import persons for the purpose of prostitution or for any other immoral sexual purpose:

(D) is or has been supported by, or has received in whole or in part, the proceeds of prostitution: or

(E) is engaging in any other unlawful commercial vice whether or not it relates to prostitution.

41.0406 Rights-Adopted children.

(a) Children legally adopted by American Samoans shall have the same rights as American Samoans under the immigration laws, provided:

(1) the child was lawfully admitted and is residing in American Samoa with his adopted parent or parents: and

(2) the child is 12 years of age or younger at the time of adoption and has been living with its adopted parents for 5 years.

(b) Any other adopted persons must apply to the board for permission to remain.

41.0407 Loss of status upon which entry or stay was based.

(a) When any person ceases to hold the professional, business, employment, matrimonial or other status which entitled him under the provisions of this title or the rules of the board to enter or remain in American Samoa, he shall for the purposes of this title, be deemed to be a person seeking to enter American Samoa from the date when he ceases to hold such status.

(b) If the person has not notified the attorney general within 15 days of his change of status, his presence and the presence of his family and dependents in American Samoa shall become unlawful.

Chapter 05 ENTRY AND DEPARTURE

41.0501 Ports of entry.

(a) No person may enter American Samoa from any place outside American Samoa except at a port of entry.

(b) Although the only authorized ports of entry into American Samoa are the port facilities at Fugatogo, and the Pago Pago international airport, the board may designate other ports of entry, as necessary, between Legislative sessions, provided the ports of entry are submitted for approval at the next session of the Legislature.

41.0503 List of passengers and bill of health required.

The master or pilot of every vessel or plane arriving in American Samoa from a port outside of American Samoa shall, upon demand of the attorney general or the public health officer, furnish a list of passengers aboard, together with the bill of health.

41.0504 Advance notice of arrival required.

The agent or owner of any ship other than aircraft due to arrive in American Samoa shall give to the immigration office at least 24 hours advance notice of arrival.

41.0505 Payment of government personnel working after hours.

Any vessel arriving or departing before or after the normal hours as established by the attorney general shall pay for the service of all government officers required to clear the vessel.

41.0506 Discharge of crewman.

No person, including the owner, agent, chatterer, master or commanding officer of any vessel or aircraft, may pay off or discharge any non-American Samoan crewman employed on board a vessel or aircraft arriving in American Samoa without first having obtained consent of the attorney general in writing.

41.0507 Inspection of persons seeking entry.

(a) The inspection, other than the physical and mental examination, of persons seeking admission or readmission to or the privilege of passing through American Samoa shall be conducted by the attorney general or his designee and any immigration officer, except as otherwise provided herein. All persons arriving at ports of American Samoa shall be inspected by one or more immigration officers at the discretion of the attorney general and under such rules as he may prescribe.

(b) Any person whose right to enter or remain in American Samoa is in question may be required to deposit his passport or travel documents upon the inspecting officer's request, and the officer may retain the passport or travel documents until the person leaves American Samoa.

(c) Any immigration officer authorized under regulations prescribed by the attorney general shall have power without warrant to interrogate any person believed on reasonable suspicion based on articulable facts to be an alien as to his right to be or to remain in American Samoa.

41.0508 Temporary removal of persons upon arrival.

(a) Upon the arrival, at a port in American Samoa, of any vessel or aircraft transporting persons, the immigration officers may order a temporary removal of those persons for examination and inspection at a designated time and place to ascertain if those persons belong to any classes excluded by this Title. The temporary removal may not be considered a landing, relieve the owner of the vessel or aircraft from any obligation under this chapter which would bind the owner if the persons remained onboard.

(b) So long as the removal lasts, the owner of the vessel or aircraft shall be relieved from responsibility for the safety of the persons removed. The owner may, however, with the approval of the attorney general, assume responsibility for the safety and well being of persons removed if he guarantees the removal to a designated place for examination and inspection. When this occurs, the removal need not be made by an immigration officer.

(c) The owner of the vessel, aircraft or transportation line shall pay all expenses of the removal to a designed place for examination and inspection. He shall also pay all expenses arising during any subsequent detention, pending a decision on the person's eligibility to enter American Samoa and until the person is either allowed to land or to return to the care of the transportation line or to the vessel or aircraft which brought him. The expenses shall include maintenance, medical treatment in a hospital or elsewhere, burial in the event of death, and transfer to a vessel, aircraft or transportation line for deportation.

(d) No expenses incident to detention may be assessed against the owner of the vessel, air craft or transportation line in the case of any person who arrived in possession of a valid entry permit and who is finally admitted to stay in American Samoa after the detention.

41.0509 Oaths, and taking of evidence, regarding entry.

(a) The attorney general and any immigration officer may administer oaths and take and consider evidence of or from any person concerning the privilege of any person he believes or suspects to be seeking to enter, pass through or reside in American Samoa, or concerning any matter which is material and relevant to the enforcement of this chapter, and where action may be necessary, to make a written record of the evidence.

(b) Any person coming into American Samoa may be required to state under oath at any time the purpose or purposes for which he comes, the length of time he intends to remain in American Samoa, whether or not he intends to remain in American Samoa permanently, and any other items of information that will and in determining whether he is entitled to remain in American Samoa.

41.0510 Arrest without a warrant.

(a) Any immigration officer shall have power without warrant to interrogate any alien or person believed to be an alien as to his right to be or to remain in American Samoa.

(b) Any immigration officer may arrest without a warrant any alien who in his presence or view is entering or attempting to enter American Samoa in violation of any law or regulation made in pursuance of law regulating the admission, exclusion or expulsion of aliens, and may arrest any alien in American Samoa if he has reason to believe that the alien is in American Samoa in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest.

(c) The person making the arrest without a warrant in accordance with this section shall immediately thereafter make an affidavit and apply to a member of the board for an order of arrest and commitment, until the board's next meeting, of the person under arrest.

41.0511 Boarding and searching of vessels and aircraft without a warrant.

Any immigration officer may, without a warrant, board any vessel within the territorial waters of American Samoa and search for aliens. He may also, without a warrant, board any aircraft for the same purpose.

41.0512 Search, without a warrant, of persons and their personal effects.

Any officer or inspector of the immigration division authorized and designated under regulations prescribed by the attorney general may conduct a search, without a warrant, of any person, and of the personal effects in the possession of any person seeking admission to American Samoa if the officer o inspector has reasonable cause to believe that grounds for exclusion under this chapter exist and would be disclosed by the search.

41.0513 Departure clearance.

(a) All persons departing from American Samoa may be required to obtain clearances from the treasurer of American Samoa and the chief of police prior to being allowed to board any aircraft or vessel.

(b) The treasurer may grant a clearance only after payment of any indebtedness to the government of that person, his spouse or children, and the chief of police may grant a clearance only after he is satisfied that the person is not charged with a crime or awaiting sentencing for conviction of a crime.

(c) If a person attempts to depart from American Samoa without the clearance required by this section, he may be taken into custody by an immigration officer or a police officer.

(d) As used in this section, "departing" does not mean leaving American Samoa temporarily to attend a wedding, funeral or convention, or to take a vacation. The burden of establishing that one of the above is the reason for leaving shall rest on the person leaving.

41.0514 Violation of 41.0513 to 41.0505 - Penalty.

Any person violating 41.0503 to 41.0505 shall be sentenced as for an infraction.

Chapter 06 DEPORTATION

41.0601 Voluntary departure.

Deportation proceedings, including the issuance of a warrant of arrest and a finding of de-portability under 41.0601 through 41.0617, are not required in the case of any person who admits being deportable because he has remained beyond the time allowed under this title or granted by the board if that person voluntarily departs from American Samoa at his own expense.

41.0602 Immediate deportation when-Exception.

Any person arriving in American Samoa who is excluded under this title by virtue of failing to have the necessary entry documents as required by 41.0502 shall be immediately deported to the place from where he came, in accommodations of the same class in which he arrived, on the vessel or aircraft bringing him unless the attorney general, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper. Any person violating this section shall be sentenced as for an infraction.

41.0603 Persons responsible for expenses.

(a) The cost of the maintenance, including detention expenses and expenses incident to detention, as well as the transportation expense of deportation from American Samoa, shall be borne by the owner or owners of the vessel or aircraft on which the deported person arrived.

(b) If the vessel or aircraft in which the person arrived has left American Samoa and it is impracticable to deport him within a reasonable time by another vessel or aircraft owned by the same person or company, the costs of deportation may be paid by the government and the owner shall be responsible for reimbursement.

41.0604 Responsibilities of vessel and aircraft owners.

(a) The owner of any vessel or aircraft may not:

(1) refuse to receive any person ordered deported under this chapter back on board the vessel or aircraft or another vessel or aircraft owned or operated by the same interests:

(2) fail to detain any person on board the vessel or aircraft when required by this title to do so:

(3) fail or refuse to pay the costs of maintaining a person being detained as required by this chapter:

(4) fail or refuse to remove a deported person from American Samoa to whence he came:

(5) knowingly bring into American Samoa any person excluded or deported under any provision of law until that person is legally entitled to apply for admission.

(b) It shall be the duty of every person, including the owners, masters, captains, officers, and agents of vessels or aircraft bringing an alien to, or providing a means for an alien to come to, American Samoa to prevent the landing of such alien in American Samoa at a point of entry other than as designated by the attorney general or at any time or place other than as designated by the immigration officers.

(c) It shall be the duty of every person, including the owners, master, captains, officers, and agents of vessels or aircraft bringing an alien to, or providing a means for an alien to come to, American Samoa to prevent the landing of such person in American Samoa without the required documents listed in 41.0502 ASCA unless otherwise relieved of such duty in writing by the attorney general.

(d) Any such person, owner, master, captain, officer or agent who fails to comply with the foregoing requirements shall be liable for a penalty to be imposes by the attorney general of up to $1,000 for each such violation. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefore in the High Court of American Samoa.

History: 1984. PL 18-52 & 2; and 1987. PL 20-18 & 1.

Amendments: 1987 Subsections (b), (c) and (d): added.

41.0605 Deportation hearing.

The board shall conduct proceedings under this chapter to determine the deportability of any person. Determination of deportability shall be made only upon a record made in a proceeding before the board and the person shall have a reasonable opportunity to be present unless by reason of the person's in-competency it is impractical for him to be present: in which case the board shall prescribe the necessary and proper safeguards for his rights and privileges.

41.0606 Failure to attend proceedings.

If any person has been given a reasonable opportunity to be present at a proceeding under this chapter and without reasonable cause fails or refuses to attend or to remain in attendance, the board may proceed to a determination in a like manner as if the person were present.

41.0607 Proceedings before the board.

(a) Proceedings before the board shall be in accordance with such rules, not inconsistent with this title, as the board shall prescribe. The rules shall include requirements that:

(1) the person be given such notice as is reasonable under all the circumstances of the nature of the charges, against him and the time and place of the proceedings:

(2) the person have the privilege of being represented by such counsel as he shall choose:

(3) the person have a reasonable opportunity to examine the evidence against him, present evidence on his own behalf and cross-examine witnesses: and

(4) no decision of deportability be valid unless it is based upon reasonable, substantial and appropriate evidence.

(b) The board need not adhere to strict rules of evidence.

41.0608 Presentation of evidence.

When the board believes it will aid in making a determination, it may request the attorney general or require specifically or by regulation that some person be assigned to present the evidence on behalf of the government and that person may then present evidence, interrogate, examine and cross-examine the parties or witnesses in the proceedings.

41.0609 Filing of decision.

When a person is ordered deported under this chapter, the decision of the board shall be filed in such manner as the board may by rule prescribe.

41.0610 Arrest-Detention-Release.

(a) Pending a determination of any person's deportability, the attorney general may order his arrest and detention.

(b) Any person taken into custody may, in the discretion of the attorney general, pending a final determination of deportability:

(1) be continued in custody:

(2) be released under a bond for an amount not less than the cost of one-way transportation to the country, from where he came plus $100, with security approved by the attorney general, and containing such conditions as the attorney general may prescribe:

(3) be released on conditional parole.

41.0611 Revocation of bond or parole.

The bond or parole may be revoked at any time by the attorney general in his discretion and the person returned into custody under the warrant which initiated the proceedings against him and detained until final determination of the deportabiltiy.

41.0612 Custody of deportees.

All persons ordered deported by the board shall be deemed to be in the custody of the chief of police of American Samoa from and after the finding by the board and may be detained by the attorney general pursuant to 41.0610.

41.0613 Reentry by deportees.

(a) Any person ordered deported by the board for remaining in American Samoa beyond the time allowed by law or the board is prohibited from reentering American Samoa for any purpose for one year, and for five years is not eligible under the numerical limitations of chapter 03.

(b) Any person ordered deported for any reason other than set forth in subsection (a) is prohibited from reentering American Samoa for five years, and for ten years is not eligible under the numerical limitations of chapter 03.

(c) Any person remaining in American Samoa beyond the time allowed by law or the board who voluntarily departs before a hearing is held by the board is prohibited from reentering American Samoa for any purpose for one year.

(d) The board may impose such other conditions on reentry as are warranted by the circumstances of each case.

41.0614 Procedure exclusive.

The procedure prescribed in this chapter shall be the sole and exclusive procedure for determining deportability of any person under this chapter.

41.0615 Excludable persons.

Except as otherwise provided in this title, the following classes of persons not permanent residents are excluded from admission into American Samoa and are subject to deportation:

(1) mentally retarded persons:

(2) insane persons:

(3) persons who have had one or more attacks of insanity:

(4) persons affected with psychopathic personality, or sexual deviation, or a mental defect:

(5) narcotic drug addicts and alcoholics:

(6) persons having any contagious disease:

(7) persons who are paupers, professional beggars, or vagrants:

(8) convicted felons:

(9) persons who have been convicted of 2 or more crimes regardless of whether the conviction was in a single trial or whether the offense has arisen from a single scheme of misconduct and regardless of whether the offense involves moral turpitude:

(10) persons who have been convicted of a crime involving moral turpitude or admit having committed such a crime, or admit committing acts which constitute the essential elements of such a crime: except persons who have committed only one such crime while under the age of 18 years, unless the crime resulted in confinement in a prison or correctional institution:

(11) persons who are polygamists, practice polygamy or advocate the practice of polygamy:

(12) persons who:

(A) are prostitutes:

(B) have engaged in prostitution:

(C) are coming into American Samoa solely principally or incidentally to engage in prostitution:

(D) directly or indirectly procure, attempt to procure, have procured, or have attempted to procure or import persons for the purpose of prostitution or for any other immoral sexual purpose:

(E) are or have been supported by or have received in whole or in part, the proceeds of prostitution:

(F) are coming into American Samoa and engaging in any other unlawful commercial vice whether or not it relates to prostitution:

(13) persons who, in the opinion of the board at the time of application for admission, are likely at any time to become public charges:

(14) persons who have been previously excluded from admission or deported and who again seek admission within the time prohibited by law or regulation of the board:

(15) stowaways:

(16) persons who seek to or have procured a visa or other documentation, or seek to enter the United States or American Samoa, by fraud or by willfully misrepresenting a material fact:

(17) except as otherwise specifically provided in this title, any person who at the time of entry into American Samoa is not in possession of a valid entry document as required by this title and rules issued by the board:

(18) any person accompanying another person ordered to be excluded or deported and certified to be helpless from sickness or mental or physical disability or infancy, whose protection or guardianship is required by the helpless person:

(19) any person who at any time shall have, knowingly and for gain encouraged, induced, assisted, abetted or aided any other person to enter or try to enter American Samoa in violation of the law:

(20) persons who advocate or teach, or are members of or affiliated with any organization that advocates or teaches the overthrow by force, violence or other unconstitutional means, of the government of the United States or the government of American Samoa:

(21) persons who have stayed beyond the time allowed in their entry permit or granted by the board:

(22) persons who have violated any provision of this title or regulation of the board, in addition to any other penalty which may be imposed under any provision of the law:

(23) any person who has issued against him a valid warrant of arrest issued by competent legal authority of any country or territory of which the person is a citizen:

(24) persons who are not American Samoans and who have accepted voluntary departure in lieu of deportation, exclusion or arrest or who have been deported or excluded by the United States.

41.0616 General classes of deportable aliens.

Any aliens in American Samoa, including an alien crewman, shall, upon the order of the attorney general, be deported, who:

(1) at the time of entry was within one or more of the classes of persons excludable by the law existing at the time of such entry:

(2) entered American Samoa without inspection or at any time or place other than as designated by the attorney general or this title, or is in American Samoa in violation of this title, or in violation of any other law of American Samoa:

(3) hereafter, within 5 years any entry, becomes institutionalized at public expense because of mental disease, defect, or deficiency, unless the person can show that such disease, defect, or deficiency did not exist prior to his admission to American Samoa:

(4) is convicted of a crime involving moral turpitude committed within 5 years after any entry and either sentenced to confinement or confined therefor in a prison or corrective institution, for a year or more, or who at any time after entry is convicted of 2 crimes involving moral turpitude not arising out of a single scheme or criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial:

(5) has failed to comply with the provisions of 41.0308 unless he establishes to the satisfaction of the attorney general that such failure was reasonably excusable or was not willful, or has been convicted under 41.0311, 41.0312, 41.0313, or 41.0314:

(6) is, or hereafter at any time after entry has been, a narcotic drug addict, or who at any time has been convicted of a violation of , or a conspiracy to violate, any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marijuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marijuana, any sale derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate:

(7) by reason of any conduct, behavior or activity at any time after entry became a member of any of the classes specified in 41.0615(12); or is or at any time after entry has been a manager, or is or at any time after entry has been connected with the management, of a house of prostitution or any other immoral place:

(8) at any time, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other person to enter or to try to enter American Samoa in violation of law:

(9) at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semi-automatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun:

(10) at any time within 10 years after entry, shall have been convicted of violating a provision of this title;

(11) at any time after entry, shall have been convicted more than once of violating the provisions of this title;

(12) seeks to procure or has procured a visa or other documentation or seeks to enter or remain in the United States or American Samoa by fraud or by willfully misrepresenting a material fact;

(13) accompanies another person ordered to be excluded or deported and certified to be helpless from sickness or mental or physical disability or infancy, whose protection or guardianship is required by the helpless person;

(14) advocates or teaches, or is a member of or is affiliated with any organization that advocates or teaches the overthrow by force, violence or other unconstitutional means, of the government of the United States or the government of American Samoa;

(15) has stayed beyond the time allowed in his entry permit or granted by the board;

(16) has violated any provision of this title or regulation of the board, in addition to any other penalty which may be imposed under any provision of the law;

(17) has issued against him a valid warrant of arrest issued by competent legal authority of any country or territory of which the person is a citizen;

(18) enters for a 30 day visit pursuant to 41.0502 and who is employed without approval or is not within the numerical limitations of chapter 03 of this title;

(19) is fined by the immigration board three times or more for being employed illegally pursuant to 41.0409 ASCA;

(20) at any time shall have, knowingly and for gain encouraged, induced, assisted, abetted or aided any other person to enter or try to enter American Samoa in violation of the law.

Subsections (8): replaced language to make provisions apply "at any time" and replaced "alien" by "person".

Subsections (10): replaced "5" with "10".

Subsections (12) through (20): added.

41.0617 Hardship cases.

(a) An excludable or deportable non-American Samoan may be issued permission to remain in American Samoa if it is established to the satisfaction of the board that he or she is a spouse of a person lawfully admitted for permanent residency, or that he or she is a child (including a minor, unmarried, adopted child) of a person lawfully admitted for permanent residency and that the exclusion of the spouse or child will result in extreme hardship to the lawful resident of his or her spouse, parent, son or daughter and the admission will not be contrary to the safety or security of American Samoa.

(b) The beard may impose such conditions and procedures as it deems advisable or necessary in granting resident status under subsection (a).

Chapter 07 GENERAL PENALTY PROVISION

41.0701 False or misleading statements.

Any person who, for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit, exemption or other advantage under this title, or, with intent to deceive any immigration officer, makes any oral declaration or makes or causes or omits to make or cause to be made any statutory declaration, return, statement, application or other writing which he knows or has reasonable cause to believe to be false or misleading, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0702 Alteration of permits.

Any person who, otherwise than with the authority of the attorney general alters, or knowingly defaces, any permit made under or in pursuance of the provisions of this title or any official or certified copy of any such permit, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0703 Obstructing, resisting or misleading officers.

Any person who resists, hinders or obstructs any immigration officer or other or person in the lawful execution of his duty or powers under this title, or knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by the immigration officer of any duty, function, power or discretion under this title, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0704 Use or possession of forged, altered, irregular, or other person's documents.

Any person who unlawfully uses or without lawful authority has in his possession any forged or unlawfully altered birth certificate, marriage certificate or other document purporting to establish age, status or identity, or knowingly uses or has in his possession any unlawfully issued or otherwise irregular permit or other document issued or purported to have been issued under this title, or uses any certificate, permit or exemption issued to or in respect of any other person as if it had been issued to or in respect of himself, shall upon conviction be guilty of a class C felony and sentenced accordingly.

41.0705 Harboring or assisting unlawful entrants.

Any person who harbors or assists any person whom he knows or has reasonable cause to believe to be a person whose presence in American Samoa is unlawful shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0706 Failure to comply with notice.

Any person who refuses or fails to comply with any notice issued to him under the provisions of this title or any rules made hereunder, with which he is reguired by this title or such rules to comply, shall upon conviction be gnilry of a class A misdemeanor and sentenced accordingly.

41.0707 Violations not specifically provided for.

Any person violating any provision of this title the violation of which is not specifically provided for by this title, shall upon conviction be guilty of a class B misdemeanor and sentenced accordingly.

41.0708 Illegal presence.

(a) A person commits the crime of illegal presence if he is present in American Samoa knowingly in violation of the immigration laws of American Samoa.

(b) Illegal presence is a class A misdemeanor.

41.0709 Stowaways.

(a) A person commits the crime of stowing away if he conceals himself on board any vessel or aircraft in order to obtain unauthorized passage from or to American Samoa to or from any other port or place.